body,date,text,page,path
OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2017-03-07,"City of Oakland
Office of the City Clerk
Oakland City Hall
1 Frank H. Ogawa Plaza
Oakland, California 94612
Meeting Minutes - FINAL
LaTonda Simmons, City
CITY OF OAKLAND
Clerk
*
Concurrent Meeting of the Oakland
Redevelopment Successor Agency
and the City Council
Oakland City Hall, 1 Frank H. Ogawa Plaza,
Oakland, California, 94612
City of Oakland Website: http://www.oaklandnet.com
Tuesday, March 7, 2017
5:30 PM
City Council Chamber, 3rd Floor
DEFINITION OF TERMS:
Consent Item: any action item that a subject matter Committee has forwarded to the
full Council with unanimous recommendation for approval and is not controversial,
and does not have a high level of public interest as determined by the Rules
Committee.
Non-Consent Item: any action that a subject-matter Committee has forwarded to the
full Council without unanimous recommendation for approval, or having a high level of
public interest, or is controversial as determined by the Rules Committee.
Action Item: any resolution, ordinance, public hearing, motion, or recommendation
requiring official vote and approval of the City Council to be effective.
Informational Item: an item of the agenda consisting only of an informational report
that does not require or permit Council action.
1
PLEDGE OF ALLEGIANCE
The Concurrent Meeting of the Oakland City Council and Successor
Redevelopment Agency was held on the above date. Opening with the Pledge of
Allegiance, the meeting was convened at 5:34 pm.
2
ROLL CALL / CITY COUNCIL
Councilmember Gallo arrived at 5:35pm
Councilmember Kalb arrived at 5:37pm
Present
8 - - Desley Brooks, Annie Campbell Washington, Noel Gallo, Lynette McElhaney, Abel
J. Guillén, Dan Kalb, Rebecca Kaplan, and Laurence E. Reid
3
OPEN FORUM / CITIZEN COMMENTS (Time Available: 15 Minutes)
23 speakers spoke during Open Forum.
City of Oakland
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Oakland Redevelopment Successor
Agency and the City Council
4
ACTIONS ON SPECIAL ORDERS OF THE DAY
(Ceremonial Presentations, Reports/Presentations From The Mayor,
Council Acknowledgements/Announcements):
Councilmember Brooks and Council President Reid took a point of personal
privilege and requested that the
meeting be adjourned in memory of Gloria Jefferies
Councilmember Gallo took a point of personal privilege and requested that the
meeting be adjourned in memory of Juan Chavez
4.1 Item Regarding ""Honoring Mrs. Willie Jernigan On Her 105th Birthday"" has been
moved to the consent portion of the agenda
4.2
Subject:
Recognizing OUSD Students In The 38th Annual MLK Jr. Oratorical Fest
From:
Vice Mayor Campbell Washington
Recommendation: Adopt A Resolution Recognizing Oakland Unified School District
Students For Their Oustanding Performances And First Place Awards In The 38th Annual
Martin Luther King Jr. Oratorical Fest 2017
16-0786
This City Resolution be Adopted.
Aye: 8 - Brooks, Campbell Washington, Gallo, McElhaney, Guillén, Kalb, Kaplan, and Reid
NO VOTE: 0
5
APPROVAL OF THE DRAFT MINUTES FROM THE MEETING OF FEBRUARY 21,
2017
16-0754
No minutes were in the packet for approval. The minutes be presented at the March
21, 2017 meeting.
This Report and Recommendation be No Action Taken.
6
MODIFICATIONS TO THE AGENDA AND PROCEDURAL ITEMS
(Requests To: Reschedule Items From Consent To Non-Consent
To The Next Council Agenda, Speak On Consent Calendar, Register Votes,
Change Order Of Items, Reconsiderations, Pull Items Held In Committee):
7
CONSENT CALENDAR (CC) ITEMS:
There were 28 speakers on the consent calendar
At this time, the Council moved to vote on item 7.13 separate from the consent calendar.
Approval of the Consent Agenda
A motion was made by Brooks, seconded by Reid, to approve the Consent
Agenda. The motion carried by the following vote:
City of Oakland
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Oakland Redevelopment Successor
Agency and the City Council
Aye: 8 - - Brooks, Campbell Washington, Gallo, McElhaney, Guillén, Kalb, Kaplan, and Reid
NO VOTE: 0
7.1
Subject:
Declaration Of A Local Emergency Due To AIDS Epidemic
From:
Office Of The City Attorney
Recommendation: Adopt A Resolution Renewing And Continuing The City Council's
Declaration Of A Local Emergency Due To The Existence Of A Critical Public Health
Crisis With Regard To The Human Immunodeficiency Virus (""HIV"") / Acquired
Immunodeficiency Syndrome (""AIDS"") Epidemic
16-0787
7.2
Subject:
Medical Cannabis Health Emergency
From:
Office Of The City Attorney
Recommendation: Adopt A Resolution Renewing The City Council's Declaration Of A
Local Public Health Emergency With Respect To Safe, Affordable Access To Medical
Cannabis In The City Of Oakland
16-0788
This City Resolution was Adopted.
7.3
Subject:
Congressional City Conference Authorization For Councilmember Desley
Brooks
From:
Councilmember Desley Brooks
Recommendation: Adopt A Resolution Authorizing Councilmember Desley Brooks To
Travel To Washington D.C. To Attend The 2017 League Of Cities Congressional City
Conference From March 10-15, 2017
16-0744
This City Resolution was Adopted.
7.4
Subject:
Support For AB 423 To Preserve Residential Hotels In Oakland
From:
Councilmember Lynette Gibson McElhaney
Recommendation: Adopt A Resolution In Support of Assembly Bill 423 (Bonta) That
Would Amend The Ellis Act (Government Code Sec. 7060 Et Seq.) To Permit Oakland
Effectively Regulate Residential Hotels
16-0745
This City Resolution was Adopted.
City of Oakland
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Agency and the City Council
7.5
Subject:
Appointment To The Public Safety And Services Violence Prevention
Oversight Commission
From:
The Office Of The Mayor
Recommendation: Adopt A Resolution Confirming The Mayor's Appointment Of June
Williams To The Public Safety And Services Violence Prevention Oversight Commission
16-0755
This City Resolution was Adopted.
7.6
Subject:
Reappointment To The Oakland Housing Authority Board
From:
The Office Of The Mayor
Recommendation: Adopt A Resolution Confirming The Mayor's Reappointment Of
Barbara Montgomery And Marlene Hurd To Two-Year Tenant Commissioner Terms On
The Oakland Housing Authority Board
16-0756
This Report and Recommendation was Approve as Submitted.
7.7
Subject:
Travel Authorization
From:
President Pro Tem Guillén
Recommendation: Adopt A Resolution Authorizing Council President Pro Tem Abel
GuillénTo Travel To Yosemite, California To Attend The 2017 Annual Local Government
Commission Policymakers Conference From March 16-19, 2017
16-0774
This City Resolution was Adopted.
7.8
Subject:
Settle The Claim Of George Zviagin
From:
The Office Of The City Attorney
Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To
Compromise And Settle The Claim Of George Zviagin, In The Amount Of Seventy Nine
Thousand Five Hundred Eighty-Eight Dollars And 29/100 Cents ($79,588.29) As The
Result Of A Failed Sewer Main On July 19, 2016 (Public Works- Failed Sewer Main)
16-0777
This City Resolution was Adopted.
City of Oakland
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Agency and the City Council
7.9
Subject:
Appointments To The National League Of Cities' 2017 Congressional City
Conference
From:
Council President Reid
Recommendation: Adopt A Resolution Appointing Councilmember Lynette Gibson
McElhaney As Delegate And Appointing Councilmember Desley Brooks As Alternate
Delegate To Represent The City Of Oakland At The National League Of Cities' 2017
Congressional City Conference Scheduled To Be Held In Washington, DC Beginning
March 11
16-0779
This City Resolution was Adopted.
7.10
Subject:
Support Of Senate Bill 54 - California Values Act
From:
Pro Tem Guillén, Council President Reid, & Councilmember Gallo
Recommendation: Adopt A Resolution In Support Of Senate Bill 54 (De Leon), Pending
Amendments, That Would Prevent The Use Of State And Local Resources For Federal
Immigration Enforcement Actions That Will Separate Families And Hurt The State's
Economy
16-0696
This City Resolution was Adopted.
7.11
Subject:
Honoring Mrs. Willie Jernigan On Her 105th Birthday
From:
Councilmember Kalb
Recommendation: Adopt A Resolution Honoring Mrs. Willie Jernigan On Her 105th
Birthday
16-0781
This City Resolution was Adopted.
S7.12
Subject:
Salary Ordinance Amendment
From:
Human Resources Management Department
Recommendation: Adopt An Ordinance Amending The Salary Schedule Of Ordinance.
No. 12187 C.M.S. (""Salary Ordinance"") To Add The Full-Time Classification Of Head
Start ERSEA (Eligibility, Recruitment, Selection, Enrollment And Attendance) And Data
Program Coordinator; To Add The Part-Time Classification Of Fireboat Attendant, PT;
To Add The Full-Time And Permanent Part-Time Classifications Of US&R Warehouse
And Logistics Specialist; To Add The Fulltime Classification Of Van Driver; To Amend
The Title Of Head Start Nutrition Coordinator To Head Start Health And Nutrition
Coordinator; To Adjust The Representation Unit Of The Classification Of Energy
Engineer III; And To Delete The Full-Time Classifications Of Zoo Keeper And Zoo Keeper
III
16-0706
This Ordinance was Approved On Introduction and Scheduled for Final Passage.
to the Concurrent Meeting of the Oakland Redevelopment Successor Agency and
the City Council to be heard 3/21/2017
City of Oakland
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S7.13
Subject:
Extension Of Primary Depository Services Agreement Through June 30, 2018
From:
Oakland Treasury Bureau
Recommendation: Adopt A Resolution Authorizing The City Administrator Or Her
Designee To Negotiate And Execute An Extension Through June 30, 2018 Of The
Current Agreement With J.P. Morgan Chase, N.A. To Provide Primary Depository
Services For The City At An Estimated Annual Cost Of $275,000
16-0714
A motion was made that this matter be Adopted. The motion carried by the
following vote:
Aye: 4- - Campbell Washington, Gallo, Guillén, and Kalb
No: 3 - Brooks, Kaplan, and Reid
Absent: 1 - - McElhaney
NO VOTE: 0
S7.14
Subject:
Alameda County-Oakland Community Action Partnership CSBG 2017-2019
Funding Cycle
From:
Human Services Department
Recommendation: Adopt A Resolution Amending The Adopted Appropriation For The
2017 Community Services Block Grant (CSBG) Up To $1,360,989 And Authorizing The
City Administrator To: (1) Enter Into Grant Agreements, Professional Services
Agreements, And Amendments With Anti-Poverty Service Providers For The Alameda
County - Oakland Community Action Partnership (AC-OCAP) 2017 CSBG Program
Year, And Enter Into Amendments For The 2018 And 2019 Program Years; And (2)
Amend The Agreements To Increase The Amount If Additional CSBG Funding Becomes
Available During The 2017-2019 Three-Year Funding Cycle
16-0731
A motion was made that this matter be Adopted. The motion carried by the
following vote:
Abstained: 1 - Brooks
Aye: 7 - Campbell Washington, Gallo, McElhaney, Guillén, Kalb, Kaplan, and Reid
NO VOTE: 0
City of Oakland
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Agency and the City Council
S7.15
Subject:
Realignment Funds Grant
From:
Oakland Police Department
Recommendation: Adopt A Resolution Authorizing The City Administrator Or Designee
To: (1) Accept And Appropriate Ninety Thousand Six Hundred And Sixty-Three Dollars
($90,663) In Fiscal Year 2016-2017 California Board Of State And Community
Corrections (BSCC) Grant Funds, Disbursed From The City Of Fremont As Fiscal Agent
For The Alameda County Chiefs Of Police And Sheriffs Association (ACCPSA), To
Mitigate The Impacts Of California Assembly Bill 109; (2) Contribute Thirteen Thousand
Nine Hundred Twenty-Six Dollars ($13,926) For The Central Services Overhead Cost;
And (3) Allocate The Grant Funds To Oakland Police Department (OPD) Projects In
Accordance With The BSCC Grant Restrictions
16-0713
This City Resolution was Adopted.
8
ORAL REPORT OF FINAL DECISIONS MADE DURING CLOSED SESSION &
DISCLOSURE OF NON-CONFIDENTIAL CLOSED SESSION DISCUSSIONS
A motion was made by Rebecca Kaplan, seconded by Noel Gallo, the City
Attorney's report that there were no final decisions made during closed session
be Approved as Submitted. The motion carried by the following vote:
Aye: 8 - Brooks, Campbell Washington, Gallo, McElhaney, Guillén, Kalb, Kaplan, and Reid
NO VOTE: 0
COMMENCING AT 6:30 P.M., OR AS SOON AS REASONABLY PRACTICABLE
THEREAFTER, THE NON - CONSENT CALENDAR PORTION OF THE AGENDA:
9
CONSIDERATION OF ITEMS WITH STATUTORY PUBLIC HEARING
REQUIREMENTS:
9.1
Subject:
New Citywide Mobile Food Vending Program
From:
Planning And Building Department
Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt An Ordinance
Amending The Oakland Municipal Code (""OMC"") To Adopt A New Citywide Food
Vending Program, Delete Chapters 5.49 Push Cart Food Vending Pilot Program, 5.51
Food Vending Group Site Pilot Program, And 8.09 Vehicular Food Vending, Adopt New
Chapter 5.51 Food Vending Program And Various Conforming Changes To The OMC
And City Planning Code, And Adopting CEQA Findings
16-0707
There was 1 speaker on this item
This Ordinance be Withdrawn and Rescheduled.to go before the Concurrent
Meeting of the Oakland Redevelopment Successor Agency and the City Council
to be heard 3/21/2017
City of Oakland
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Meeting Minutes - FINAL
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Oakland Redevelopment Successor
Agency and the City Council
Upon the reading of Item 9.2 by the City Clerk, the Public Hearing was opened at 7:06 p.m.
32 individuals spoke on this item.
Vice Mayor Campbell Washington made a motion, seconded by Councilmember McElhaney to
close the Public Hearing, and hearing no objections, the motion passed by the following vote:
8 Ayes: Brooks, Campbell Washington, Gallo, Guillèn, Kalb, Kaplan, McElhaney, and Council
President Reid
9.2
Subject:
MacArthur BART Revision To PUD And Amendment To Development
Agreement
From:
Planning And Building Department
Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt The Following
Pieces Of Legislation:
1) A Resolution, As Recommended By The City Planning Commission, (A) Revising The
MacArthur Bart Planned Unit Development; (B) Adopting A Final Development Permit,
Vesting Tentative Parcel Map 10561, And Design Review; And (C) Relying On The 2008
MacArthur Station Project Environmental Impact Report And Addenda, And Other
Documents, Finding That No Additional Environmental Review Is Needed Pursuant To
California Environmental Quality Act Guidelines Sections 15162-15164, 15168, 15180,
15183, And 15183.3 And Adopting Related CEQA Findings, For Parcel B, Located At
532-39Th Street, Oakland, Ca (Assessor Parcel Numbers 012 102501100 And 012
102501200); And
16-0708
A motion was made by Dan Kalb, seconded by Annie Campbell Washington, that
this matter be Adopted as Amended the motion was approved as amended to
include the following language:
*Applicant shall consider all-electric cooking appliances within the Project and
shall participate in one meeting with experts on sustainable building practices,
organized jointly by the District Obe councilmember and the Applicant.
Notwithstanding the foregoing, Applicant shall have no obligation to install
all-electric cooking appliances within the Ptoject, unless otherwised required by
local law. The motion carried by the following vote:
Aye: 8 - Brooks, Campbell Washington, Gallo, McElhaney, Guillén, Kalb, Kaplan, and Reid
NO VOTE: 0
City of Oakland
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Oakland Redevelopment Successor
Agency and the City Council
Subject:
MacArthur BART Revision To PUD And Amendment To Development
Agreement
From:
Planning And Building Department
Recommendation: Adopt An Ordinance, As Recommended By The City Planning
Commission, (A) Amending The Development Agreement By And Between City Of
Oakland And MacArthur Transit Community Partners, LLC Regarding The Property And
Project Known As ""MacArthur Transit Village"" To Allow For Increased Height On Parcel
B, And (B) Relying On The 2008 MacArthur Station Project Environmental Impact Report
And Addenda, Finding That No Additional Environmental Review Is Needed Pursuant To
California Environmental Quality Act Guidelines Sections 15162-15164, 15168 And
15180, 15183, And 15183.3 And Adopting Related CEQA Findings, For Parcel B,
Located At 532-391th Street, Oakland, Ca (Assessor Parcel Numbers 012 102501100
And 012 102501200)
16-0709
This Ordinance be * Withdrawn and Rescheduled.to go before the Concurrent
Meeting of the Oakland Redevelopment Successor Agency and the City Council
to be heard 3/21/2017
Aye: 8 - - Brooks, Campbell Washington, Gallo, McElhaney, Guillén, Kalb, Kaplan, and Reid
NO VOTE: 0
ACTION ON OTHER NON-CONSENT CALENDAR ITEMS:
10
THIS NUMBER INTENTIONALLY NOT USED
11
Subject:
Contract Agreement For Anne Kirkpatrick As Oakland Police Chief
From:
Office Of The City Administrator
Recommendation: Adopt An Ordinance Amending The Salary Schedule Of Ordinance
No. 12187 C.M.S. (""Salary Ordinance"") To Increase The Salary For Chief Of Police And
The City Administrator
16-0661
There was 6 speakers on this item
A motion was made by Abel J. Guillén, seconded by Dan Kalb, that this matter be
Approved for Final Passage. The motion carried by the following vote:
Abstained: 1 - - Brooks
Aye: 6 - - Campbell Washington, McElhaney, Guillén, Kalb, Kaplan, and Reid
No: 1 - Gallo
NO VOTE: 0
City of Oakland
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Oakland Redevelopment Successor
Agency and the City Council
At this time, the Council moved to reconsider the action taken on item 7.13.
Councilmember Kaplan made a motion, seconded by Councilmember McElhaney, to
Reconsider the action taken on item 7.13, and hearing no objections, the motion passed with
the following vote: 8 Ayes: Brooks, Campbell Washington, Gallo, Guillèn, Kalb, Kaplan,
McElhaney, and Council President Reid
Subject:
Extension Of Primary Depository Services Agreement Through June 30, 2018
From:
Oakland Treasury Bureau
Recommendation: Adopt A Resolution Authorizing The City Administrator Or Her
Designee To Negotiate And Execute An Extension Through June 30, 2018 Of The
Current Agreement With J.P. Morgan Chase, N.A. To Provide Primary Depository
Services For The City At An Estimated Annual Cost Of $275,000
16-0714
A motion was made by Rebecca Kaplan, seconded by Lynette Gibson
McElhaney, that this matter be Adopted. The motion carried by the following
vote:
Aye: 5- - Campbell Washington, Gallo, McElhaney, Guillén, and Kalb
No: 3- - Brooks, Kaplan, and Reid
NO VOTE: 0
12
Subject:
Re-Appointing And Appointing Members To The Oakland-Alameda County
Coliseum Authority Board Of Commissioners
From:
Council President Reid
Recommendation: Adopt A Resolution Re-Appointing And Appointing Members To The
Oakland-Alameda County Coliseum Authority Board Of Commissioners As Follows -
Reappointing Council President Larry E. Reid For The Term Beginning January 20th,
2017 And Ending January 19th, 2019, Re-Appointing Yui Hay Lee For The Term
Beginning October 8th, 2015 And Ending October 7th, 2017, Appointing Christin J. Hill
For The Term Beginning October 8th, 2015 And Ending October 7th, 2017 To Fill The
Seat Previously Held By Aaron Goodwin, And Appointing Council Member Lynette
McElhaney-Gibson For The Term Beginning January 20th, 2017 And Ending January
19th, 2019 To The Seat Previously Held By Council Member Rebecca Kaplan
16-0789
A motion was made by Noel Gallo, seconded by Annie Campbell Washington,
that this matter be Adopted. The motion carried by the following vote:
Aye: 7 - - Campbell Washington, Gallo, McElhaney, Guillén, Kalb, Kaplan, and Reid
No: 1 - Brooks
NO VOTE: 0
City of Oakland
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Oakland Redevelopment Successor
Agency and the City Council
13
Subject:
Equity Analysis And Proposed Medical Cannabis Ordinances
From:
Office Of The City Administrator
Recommendation: Receive A Race And Equity Report On Medical Cannabis Regulations
And Adopt The Following Pieces Of Legislation:
1. An Ordinance Amending Oakland Municipal Code Chapter 5.80, Medical Cannabis
Dispensary Permits, To Clarify And Strengthen The City's Equity Permit Program And
Provide Additional Updates Consistent With State Law; And
16-0784
There were 108 speakers on this item
A motion was made by Desley Brooks, seconded by Larry Reid, that this matter
be Approved As Amended On Introduction and Scheduled for Final Passage to
go before the Concurrent Meeting of the Oakland Redevelopment Successor
Agency and the City Council, to be heard 3/21/2017. The motion carried by the
following vote:
Aye: 8 - Brooks, Campbell Washington, Gallo, McElhaney, Guillén, Kalb, Kaplan, and Reid
NO VOTE: 0
2. An Ordinance Amending Oakland Municipal Code Chapter 5.81, Medical Cannabis
Cultivation Facility Permits, To Clarify And Strengthen The City's Equity Permit Program
And Provide Additional Updates Consistent With State Law
16-0785
At 11:59 pm, Pro Tempore Guillen made a motion seconded by Councilmember
Kaplan to extend the meeting past midnight, and hearing no objections, the motion
passed by 8 Ayes; Brooks, Campbell Washington, Gallo, Guillen, Kalb, Kaplan,
McElhaney, and President Reid.
A motion was made by Desley Brooks, seconded by Larry Reid, that this matter
be Approved As Amended On Introduction and Scheduled for Final Passage to
go before the Concurrent Meeting of the Oakland Redevelopment Successor
Agency and the City Council, to be heard 3/21/2017. The motion carried by the
following vote:
Aye: 8 - Brooks, Campbell Washington, Gallo, McElhaney, Guillén, Kalb, Kaplan, and Reid
NO VOTE: 0
City of Oakland
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Oakland Redevelopment Successor
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3. Resolution Establishing Budget Priorities For Expenditure of Cannabis Business
Taxes Collected By The City Pursuant To Oakland Municipal Code Section 5.04.480 and
5.04.481.
16-0790
There were 108 speakers on this item.
A motion was made by Rebecca Kaplan, seconded by Lynette Gibson
McElhaney, that this matter be Adopted as Amended. The motion carried by the
following vote:
Aye: 7 - Brooks, Campbell Washington, Gallo, McElhaney, Kalb, Kaplan, and Reid
No: 1 - Guillén
NO VOTE: 0
CONTINUATION OF OPEN FORUM
ADJOURNMENT OF COUNCIL SESSION
(Meeting Shall Conclude No Later Than 12:00 A.M., Unless Extended By Majority Vote Of
The Council)
There being no further business, and upon the motion duly made, the Council
adjourned the meeting in memory of Gloria Jeffries, Juan Chavez, and Anne
Woodell at 12:04 a.m.
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Oakland Redevelopment Successor
Agency and the City Council
MATERIALS RELATED TO ITEMS ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL
AFTER DISTRIBUTION OF THE AGENDA PACKETS MAY BE VIEWED IN THE OFFICE OF THE
CITY CLERK, 1 FRANK H. OGAWA PLAZA, 1ST AND 2ND FLOOR, OAKLAND, CA 94612 FROM
8:30 A.M. TO 5:00 P.M.
City of Oakland
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